STATE OF KERALA Vs. AYSHA

JUDGEMENT

(1.) This order shall dispose of twelve(12) appeals preferred by the State of Kerala for setting aside the award of the Reference Court enhancing the amount more than the one awarded by the Land Acquisition Officer and seventy six(76) appeals on behalf of the land owners for enhancement of compensation as awarded by the Land Acquisition Officer on the ground that Land Acquisition Officer ought not to have adopted belting system while enhancing the compensation much less no reasons have been assigned ignoring the sale deed No.6977/07 dtd. 20/8/2007 which has been relied upon by this Court in other matters.

(2.) State of Kerala caused a notification under Sec. 4 of the erstwhile Land Acquisition Act, 1894, for construction of Brahmapuram Solid Waste Treatment Plant in piece-meal. It is pertinent to mention here that in November 2007 ie., on 10/11/2007 notification under Sec. 4 was issued for construction of Brahmapuram Solid Waste Treatment Plant Phase-1.

(3.) The possession of the aforementioned land was taken on 1/3/2010 Land Acquisition Officer pronounced the award on 16/10/2012. The Land Acquisition Officer as per the award aforementioned awarded the compensation by categorizing the land into eight(8) categories, the details are given below with compensation awarded against each category: <IMG>JUDGEMENT_64_LAWS(KER)9_2024_1.jpg</IMG> <IMG>JUDGEMENT_64_LAWS(KER)9_2024_2.jpg</IMG>